E Nambirajan v. Inspector Of Police

Crl.O.P.No.9512 of 2023 Crl.O.P.No.9512 of 2023 K.GOVINDARAJAN THILAKAVADI, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 477A, 406, 420 & 506(ii) of IPC, in Crime No.1255 of 2019, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and her husband were running a partnership firm business called 'Chennai Electromech' and 'Chennai Circuit' respectively, in which the petitioners were also one of the partners. It is further alleged that after the demise of defacto complainant's husband, the defacto complainant was kept out of the business and her share of profits from the firm has not been paid and she was cheated by the petitioners, due to which, she has initiated arbitration proceedings against all petitioners. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for granting anticipatory bail to the petitioners.

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Crl.O.P.No.9512 of 2023 K.GOVINDARAJAN THILAKAVADI, J.

gbi

4. The learned Government Advocate (Crl.Side) would submit that the defacto complainant and her husband were running a partnership firm business called 'Chennai Electromech' and 'Chennai Circuit' respectively, in which the petitioners were also one of the partners. It is further alleged that after the demise of defacto complainant's husband, the defacto complainant was kept out of the business and her share of profits from the firm has not been paid and she was cheated by the petitioners, due to which, she has initiated arbitration proceedings against all petitioners. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the gravity of offence, the amount involved in this case, the stage of investigation, there is possibility of tampering the witnesses, hampering the investigation, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition stands dismissed, with a direction to the respondent police to complete the investigation and also to a final report within a period of two weeks from the date of receipt of copy of this order. gbi 11.05.2023 Crl.O.P.No.9512 of 2023 2/2 https://www.mhc.tn.gov.in/judis